The ex-president of the Catalan government, Carles Puigdemont, has asked the Supreme Court to lift the order, national and international search, arrest and imprisonment hanging over him and that you archive the case after the position of the European court in relation to the immunity of meps. These are the two fundamental consequences that, according to the defense Puigdemont, a must have for the former the judgment of the Court of Justice of the European Union (CJEU) on the immunity of Oriol Junqueras. Puigdemont also requests that, if the processing continues, the Supreme addition to the instructor of the cause of the procés of the Supreme court, judge Paul Llarena, because of a lack of impartiality.
In a written 63-page, the lawyer Gonzalo Boye responds to the request made by Llarena after the judgment of the CJEU to the accusations and the defenses of the former president and the exconsejero Toni Comín, escapees of the Spanish justice, and who were elected meps in the elections of last may 26, but did not take possession of the seat because the European Parliament denied entry. The lawyer of the former president believes that the judge should order the "stay free" and the "file immediately" from the proceedings open against him, considering that is shielded by parliamentary immunity and because he understands that the facts imputed to it, are not "constitutive of any offence".
"Never before has been put in doubt that in the case of having acquired immunity as a member of the European Parliament involved in the form inescapable the obligation to lift any precautionary measures personal issued against my client. For this reason, clarified by the Court of Justice of the European Union that my representative has effectively acquired fully the condition of member of the European Parliament and the immunity that corresponds to the charge from the moment of its proclamation, there is little more one could discuss about the origin of lift all the orders of arrest, detention or extradition," says the brief filed by the defense of the former president.
The lawyer criticized the position that he has held the Office since that they knew the ruling by the european court on Oriol Junqueras. "It is not only extravagant, but that is rude, you represent and palmariamente illegal, with all that this implies," notes written in reference to the request of the public prosecutor to move forward with all the precautionary measures issued against the former Catalan and asking to the Supreme request the Parliament to lift the immunity of Puigdemont. According to the lawyer of the former president, the actions of the Prosecutor's office "denotes intellectual laziness" because it has been limited to "copy and paste" the arguments of an order issued by the court of the procés last may when it rejected to seek the permission of the Cameras (through the so-called suplicatorio) to go ahead with the trial of the prisoners who had been elected deputies or senators in the elections of the 28 of April.
For Puigdemont, the euroorden against him was handed down "without legal justification and without the prior authorisation of the European Parliament" and the precautionary measures are "incompatible with the immunities inherent in that status". "And inconsistent with the fundamental rights in any democratic system," says Boye.
Puigdemont asks the judge to Llarena are apart of the cause to understand that he has lost impartiality because it already ruled on the immunity of the former president "in terms quite incompatible with their fundamental rights, as well as with the Law of the Union". In case the instructor refuses to depart voluntarily, Puigdemont asks the Supreme that he recuse (him aside so forced).